133 S.W. 784 (Ky. App. 1911)
The company brought a breach of contract action against the delivery person after he failed to deliver certain wheat to the company at the time agreed upon. The delivery person admitted the execution and breach of the contract but denied that the company was damaged. The trial court entered a verdict for the company in the sum of $ 80 for the sacks furnished to the delivery person for his use in delivering the wheat. The company appealed.
- The court affirmed.
- The court held that the company was entitled to damages against the delivery person for a failure to comply, and the measure of damages was the difference between the contract price and the market price of the property at the place and time of delivery.
- The court held that considering the fact that the market price of wheat of the kind and quality contracted to be delivered at the time and place designated in the contract did not exceed $1 per bushel.
- That being true, the company, instead of being damaged by the breach of the contract, was actually benefited to the extent of about three cents per bushel.
The court affirmed the trial court's judgment.
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